Urgent: ICE Mix-Up Nearly Leads to Deportation of Tribal Member

UPDATE: A serious clerical error nearly resulted in the deportation of Leticia Jacobo, a 24-year-old Native American, just hours before her release from Polk County Jail in Iowa. The incident has raised urgent concerns about the immigration enforcement processes affecting Indigenous people.

On November 11, 2023, Jacobo’s family was excited for her release after a month-long incarceration for allegedly driving with a suspended license. However, jail staff informed her mother, Ericka Burns, that Jacobo was being held due to an erroneous ICE detainer. This detainer, meant for someone else, threatened to deport her despite her clear Native American identity as a member of Arizona’s Salt River Pima-Maricopa Indian Community.

“How is she going to get deported if she’s a Native American?” Jacobo’s sister, Maria Nunez, described the family’s panic as they scrambled for answers. They took immediate action, reaching out to tribal leaders and using social media to seek help as the clock ticked down to Jacobo’s scheduled pickup by ICE.

Lt. Mark Chance of the Polk County Sheriff’s Office confirmed that the ICE detainer against Jacobo was a mistake stemming from human error. “It was intended for a different person,” he stated, adding that the department would address the issue internally to prevent future occurrences. The detainer had been placed on Jacobo’s file on November 4, without her knowledge.

Jacobo was finally released early on November 12, 2023, at approximately 4:30 a.m., but the incident raises critical questions about the protocols in place for handling immigration detainers, especially for Native Americans. The Polk County Jail operates under a 287(g) agreement with U.S. Immigration and Customs Enforcement, allowing local law enforcement to participate in immigration enforcement. This partnership has faced scrutiny for its potential to lead to wrongful detentions, particularly of U.S. citizens.

Nunez expressed skepticism about the explanation provided by jail officials, suggesting that discrimination may have played a role. “Why would they make a mistake with someone that’s constantly coming in?” she questioned, highlighting the broader implications for Indigenous individuals facing aggressive immigration tactics.

Jacobo’s case mirrors a troubling trend; in January, officials from the Navajo Nation reported multiple instances of Indigenous people being questioned or detained by federal authorities. This incident underscores the urgent need for systemic changes to protect the rights of Native Americans amid rising deportation initiatives.

As Jacobo reflects on her harrowing experience, she and her family are considering potential legal action to prevent similar situations in the future. “I just hope it doesn’t ever happen to someone else,” Nunez said, emphasizing the importance of vigilance when it comes to the treatment of Indigenous individuals in the justice and immigration systems.

The ICE field office has not yet provided a statement regarding the verification of detainers for accuracy or measures to ensure Native Americans are not unjustly detained.

This alarming incident not only highlights the vulnerabilities within the immigration enforcement system but also raises critical questions about accountability and the treatment of Indigenous communities. Jacobo’s family’s swift action may have saved her from a wrongful deportation, but the fear and uncertainty surrounding such cases remain pervasive.

As the community processes this incident, advocates are calling for greater awareness and reform to protect vulnerable populations from similar fates.